Ashley v. Hill
Supreme Court of Connecticut
This was an action of assumpsit, commenced September 5th, 1822. The declaration contained several counts. The first was for work and labour; the second, for goods sold and delivered ; the third, for money laid out and expended ; the fourth, for money had and received; and the fifth, on an insimul com-putassent.
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This was an action of assumpsit, commenced September 5th, 1822. The declaration contained several counts. The first was for work and labour; the second, for goods sold and delivered ; the third, for money laid out and expended ; the fourth, for money had and received; and the fifth, on an insimul com-putassent. In the latter count, the plaintiff averred, That on the 20th of January, 1812, the defendant accounted with the plaintiff of and concerning divers sums of money from the defendant to the plaintiff before that time due and owing, and then in arrear and unpaid; and upon such accounting,…
1Opinion of the CourtDaggett, J.
The count upon an insimul computassent is the only one, which requires examination. The single question presented for consideration, is, Does the statute which limits a recovery, in the action of debt by book, to six years, create a bar to this count ?
Assumpsit upon an insimul computassent, is an action at common law, long established and well known. When parties account together concerning their mutual transactions, debts, credits and liabilities, and a balance is ascertained, their accounts assume, to some purposes at least, a new shape. The creditor becomes entitled to recover the balance…
2Cases cited1 opinion
- Robbins v. HarveySupreme Court of Connecticut · 1824
3Cited by7 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Belknap v. GleasonSupreme Court of Connecticut · 1836
- Apuzzo v. HoerSupreme Court of Connecticut · 1939
- Dolan v. MitchellAppellate Division of the Supreme Court of the State of New York · 1899
- Dolan v. MitchellAppellate Division of the Supreme Court of the State of New York · 1899
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